Vetter v. Morgan
Kansas Court of Appeals
913 P.2d 1200 (1995)
Laura Vetter (plaintiff), alone in her locked van at 1:30 a.m., was pulled alongside by a car carrying Dana Gaither, Chad Morgan (defendants), and a third passenger; while Gaither revved and rocked the car, Morgan screamed vulgarities, made obscene gestures, threatened to pull Vetter from her vehicle, and spat on her door, leaving her extremely afraid. When traffic moved, Vetter claimed Gaither's car swerved into her lane, causing her to swerve and hit a curb, injuring her; Gaither and Morgan denied swerving, and Morgan claimed he only meant to amuse his friends without caring how Vetter felt. Vetter sued Gaither and Morgan for assault and negligence, settling with Gaither; the trial court granted Morgan summary judgment, and Vetter appealed.
Whether threatening words may form the basis of an assault claim where they are accompanied by conduct or circumstances leading to a reasonable apprehension of imminent harmful or offensive contact.